legal advice

Update news legal advice

Real estate business: restrictions for foreign investors

  Real estate is one of the areas that attracts great interest from investors in Việt Nam. However, investment in this sector is currently restricted by quite a few regulations.

Foreign direct investments and dispute resolution

 Any court proceedings that happen in Vietnam require the use of Vietnamese in written and verbal communication. Foreign applications of law and languages are only allowed in arbitration cases.

Legal Advice: New provisions on occupational accident compensation

 From March 20 2015, employees who suffer from workplace accidents or occupational illness shall be compensated by their employer or receive allowances corresponding to provisions of law.

Legal Advice: Rules of Origin under the ASEAN Trade in Goods Agreement

 In order to enjoy tax incentives, entities importing goods from an ASEAN Member State must comply with the Rules of Origin under the ASEAN Trade in Goods Agreement (hereinafter referred to as the “ATIGA”).

Legal Advice: Regimes of labor discipline regulated by new provisions from March

 VietNamNet Bridge - On January 12, 2015, the Government promulgated Decree No. 05/2015/ND-CP detailing the order of labour discipline, which shall come into effect on March 1, 2015.

Legal Advice: Details on the authority to approve investment projects

VietNamNet Bridge - Enterprises that want to invest in Vietnam need information about which projects must be approved by the Prime Minister and which investment certificates must be issued by competent authorities.  

Legal Advice: Five conditions for foreign enterprises to be licensed to purchase and sell goods

 VietNamNet Bridge - Enterprises with foreign invested capital wishing to conduct the purchase and sale of goods and other activities directly related to the purchase and sale of goods need to comply with the following regulations:

Legal Advice: A synthesis of new regulations of Law on Enterprises 2014

 VietNamNet Bridge - Decision rights on the number of legal representatives, quantity and content of corporate seals, changes in business registration procedures, etc., are several highlights prescribed in the Law on Enterprises 2014.

Legal Advice: When to establish a Control Board

 VietNamNet Bridge - Control Board is an important department in an enterprise that is in charge of activity inspection and supervision. Setting up a Control Board, in some circumstances, is compulsory yet often overlooked by enterprises.

Legal Advice: Regulations on investment project adjustment in Vietnam

While implementing investment project adjustment, it is essential for investors to determine when they need to carry out registration procedures for adjustment or adjustment examinations in accordance with law.

Legal Advice: Synthesis of Vietnamese regulations on wages

Paying wages to employees is one of the most basic obligations of the employer. However in principle, forms of wage payment as well as payroll calculation methods in several cases still often confuse enterprises.

Legal Advice: Entrustment of export and import of goods in VN

Entrustment of export and import of goods usually causes disputes between the mandator and mandatory. Enterprises need to pay attention when entering into contracts, selecting partners and other matters to best protect their own rights and benefits.

Legal Advice: Four commercial intermediary activities in Vietnam

 In addition to direct transactions with customers, enterprises should consider other intermediate forms of trade to save time and cost and to increase their business presence in the market.

Legal Advice: Software as capital contribution

According to provisions of law, a software or computer program is a genre of work entitled to copyright protection, which may be used as an asset to contribute capital to a business or as a means of payment for shares purchased by enterprises.

Legal Advice: Five things to know when doing business via websites

Organizations and individuals when creating an electronic commerce website should give heed to its forms, the responsibility to register/notify competent state agencies, as well as the obligation to protect personal information of customers, etc.  

Contract signing authority of the head of representative offices in VN

 Enterprises should pay heed to the authority of Branch Head and Head of Representative Office in signing a number of contracts such as labor and commercial contracts, as well as their capacity to participate in legal proceedings when disputes arise.

Three legal matters important for manufacturers in Vietnam

VietNamNet Bridge - Depending on specific characteristics of each manufacturing sector, there are different provisions of laws. Below are several notable issues regarding active manufacturing enterprises.

Legal Advice: The competence of Board of Directors & General Meeting of Shareholders

When entering into contracts, changing the legal representative of the company or participating in transactions and other activities, enterprises should ascertain the competence of Board of Director and General Meeting of Shareholder.

Legal Advice: The competence of Commercial Arbitration and Courts in VN

In case where the contents of a contract include an agreement on requesting both Commercial Arbitration and Court to be the dispute settlement bodies, enterprises may refer to Resolution No. 01/2014/NQ-HĐTP.

11 things to do after the establishment of an enterprise in Vietnam

 To prevent administrative fines resulting from incorrect and inadequate compliance with provisions of laws, PLF suggests that newly established enterprises should give heed to the following matters: